The title to this note would be simpler if one referred to damages. A victims of a car accidents is entitled to certain compensation for damages, if injuries are present. When it comes to car accident in Florida, in order to recover, a certain threshold must be met. Florida Statute 627.737(2) is a good starting off point to further explore this issue:
In any action of tort brought against the owner, registrant, operator, or occupant of a motor vehicle with respect to which security has been provided as required by ss. 627.730-627.7405, or against any person or organization legally responsible for her or his acts or omissions, a plaintiff may recover damages in tort for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease arising out of the ownership, maintenance, operation, or use of such motor vehicle only in the event that the injury or disease consists in whole or in part of:
(a) Significant and permanent loss of an important bodily function.
(b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
(c) Significant and permanent scarring or disfigurement.
As Hallandale Beach accident lawyers, we know that the above mentioned criteria is needed to show damages. To meet the threshold then, one must show that some loss of a bodily function is present, permanent injury, or scarring or disfigurement. Whether this threshold is met depends on the gravity of the injuries involved. It would be tremendously complex to outline exactly what injuries meet the above mentioned threshold. For the most part, if an injury leaves a permanent mark, results in physical and permanent injury to any part of the body, and or limits one’s ability to function properly, then the threshold is most likely met. An example could be a broken limb which could result in limitations of normal bodily functions. If an accident involves a small impact and no injury resulted, then it is likely that the threshold would not be met.
There are two types of damages you are entitled to when involved in an accident. The first type of damages are called non- economic damages. These type of damages are involve injury, pain and suffering, disability, disfigurement, and loss of capacity to enjoy life. Usually a permanent injury is required for compensation involving pain and suffering. Economic damages involve issues pertaining to loss of income and medical costs. In the future, we will write a note that goes into more detail as pertains to economic and non-economic damages for auto accidents in Miami and Florida in general. This is a matter that deserves more analysis and elaboration. This is meant to be a quick review of the necessary threshold and available damages.
It should be mentioned that some types of cases do not require the meeting of the threshold mentioned Florida Statute 627.737(2). For example, accidents involving motorcycles do not need the meeting of the threshold mentioned on 627.737(2). Our Miami car accident attorneys are here to assist you with any concerns you may have. We are here to help. Do not hesitate to reach us at 1.888.413.8353.